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Smith College is committed to creating an environment
open to all individuals without unlawful discrimination on the basis of age, race,
color, national origin/ancestry, religion, sex or gender, sexual orientation, mental
or physical disability, genetic information, or veteran status/membership in the
uniformed services. The college affirms its commitment by holding all employees responsible
for upholding this principle and recognizing their legal obligations under applicable
federal and state statutes.
Smith College employees carry out this commitment by:
- Lawfully administering all employment
policies;
- Addressing and not tolerating unlawful harassment
in the workplace;
- Addressing and not tolerating unprofessional
conduct in the workplace.
- Recruiting, hiring, training, and promoting
persons in all job classifications, without unlawful regard to age, race, color,
national origin/ancestry, religion, sex or gender, sexual orientation, mental or
physical disability, genetic information, or veteran status/membership in the uniformed
services; and
- Making all employment decisions consistent
with the principles underlying equal employment opportunity.
Commitment to Academic Freedom
As an academic institution, teaching, doing research,
and learning are subject to the protections of ‘academic freedom’ as
described in the college’s policy on academic freedom. Actions or words used
in the context of the academic curriculum and teaching environments that serve legitimate
and reasonable educational purposes will not be evaluated as harassment or unlawful
discrimination because of the principles underlying academic freedom.
Equal Opportunity Policy Complaint Procedure
The college has created the following guidelines and
procedures for the resolution of complaints alleging violation of this Equal Opportunity
Policy.
I. Pre-Complaint Resolution Strategies
In a diverse community, disagreements and conflicts
of various degrees of seriousness are inevitable. Many issues are best resolved informally,
by direct communication between the individuals involved, or with the help of mediation
by a third party. However, such a strategy may be inappropriate when the conduct
is severe or when the person responsible for the alleged behavior holds a position
of authority. Under these circumstances the complainant is encouraged to use the
formal complaint procedure. The following members of the college community are available
to discuss complaints or concerns under this policy: all supervisors or department
heads, the Executive Director of Human Resources, the Human Resources Manager of
Employee Relations and Recruitment, the Dean of the School for Social Work, the Director
of Institutional Diversity and the Ombudsperson.
These persons are prepared to assist with the assessment
of a concern and to explain the options and resources available for resolving concerns.
Questions are encouraged; merely discussing an incident in this way does not commit
an individual to making a complaint. After discussion with one or more of these persons,
the complainant may: pursue the matter on her or his own; ask the Director of Institutional
Diversity to discuss the matter with the person who engaged in the conduct; ask one
of the specialists listed below to mediate; or proceed to the formal complaint process
described below. The Director of Institutional Diversity will provide advice to all
parties on the substantive issues involved and the means for addressing the complaint
and its possible resolution. Should one of these persons undertake to mediate, she
or he will so inform the Director of Institutional Diversity.
The matter will be considered resolved when there is
an agreed resolution acceptable to all parties. A written record of the resolution
and any other relevant documents will be maintained by the Office of Institutional
Diversity and will not become part of a personnel file. Failure to respond to a complaint,
or refusal to participate in informal mediation, shall not be introduced as a consideration
during any formal proceedings that might arise.
Informal resolution may not be appropriate when the
behavior complained of is so egregious as to constitute a violation of policy that
could result in disciplinary action. After learning about a situation from the complainant,
any of the above listed persons may determine that an investigation into the complaint
is merited even if the complainant does not file a formal complaint.
II. Formal Complaint Procedures
When the College receives a formal complaint under
this policy it will promptly investigate the allegation in a fair and expeditious
manner. Every effort will be made to proceed while maintaining confidentiality to
the extent practicable under the circumstances. If it is determined that this policy
has been violated the college will act promptly to eliminate the offending conduct,
and where appropriate will impose disciplinary action.
Procedure
If a complainant believes the Equal Opportunity Policy
has been violated and informal resolution is not appropriate, or has not been successful,
s/he should report the incident promptly to his/her supervisor or department head,
the Executive Director of Human Resources, the Human Resources Manager of Employee
Relations and Recruitment, the Dean of the School for Social Work, or the Director
of Institutional Diversity. In order to aid in the fairness of this process, formal
complaints should be filed within 7 (seven) calendar days of the offending or questionable
action or behavior.
This procedure does NOT cover allegations
of sexual harassment. For sexual harassment complaints, please see the Sexual
Harassment Policy, Section 103, in this handbook.
The following is an outline of the procedure generally
followed once a complaint has been brought to the attention of the college:
- A prompt and impartial investigation of
the complaint is conducted. This investigation will consist of (but will not
necessarily be limited to) interviews of the individual who made the complaint,
of the person or persons against whom the complaint was made and of other individuals
who may have witnessed the reported incident or incidents.
- Upon completion of the investigation, the
person who conducted the investigation will meet individually with the person who
made the complaint and the individual or individuals against whom the complaint
was made, to prepare the results of the investigation and, where a remedy is determined
to be appropriate, to inform the parties of the steps that will be taken to remedy
the situation.
Disciplinary Action
In the event the investigation results in a finding
that this policy has been violated, further action will be taken, including disciplinary
action such as but not limited to reprimand, change in work assignment, mandatory
training or suspension and/or immediate termination.
Confidentiality
All actions taken to investigate and resolve complaints
through this procedure shall be conducted with as much privacy, discretion and confidentiality
as possible, without compromising the thoroughness and fairness of the investigation.
All persons involved should treat the situation with respect. To conduct a thorough
investigation, the investigator(s) may discuss the complaint with witnesses and those
persons involved in or affected by the complaint, and those persons necessary to
assist in the investigation or to implement appropriate disciplinary actions.
No Retaliation for Filing a Complaint
Retaliation against an individual for making a complaint
or for assisting in the investigation of such a complaint will not be tolerated.
Any acts of retaliation will be subject to disciplinary action. If an individual
involved in an investigation believes s/he has been retaliated against s/he should
contact one of the on-campus resources listed.
III. College Investigators of Complaints
Naomi Miller, Assistant to the President/Director of
Institutional Diversity, X2141
Carolyn Jacobs, Dean, School for Social Work, X7977
Larry Hunt, Executive Director of Human Resources, X2262
Jenny Silver, Manager of Employment and Employee Relations,
X2288
IV. State and Federal Agency Complaints
In
addition to the above, an individual who believes he or she has been subjected to
illegal discrimination may file a formal complaint with the government agencies listed
below. Using the College’s complaint
process does not prohibit an individual from filing a complaint with either of
these agencies. Claims filed with MCAD or EEOC must be filed within 300 days from
the date of the alleged violation.
Massachusetts Commission Against Discrimination
(MCAD)
436 Dwight Street, Rm 220
Springfield, MA 01103
Telephone: (413) 739-2145
U. S. Equal Employment Opportunity Commission
(EEOC)
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Telephone: (617) 565-3200 |
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Table of Contents
Mission Statement
Chapter I
General Policies
Chapter II
Employment at Smith
Chapter III Salary/Compensation
Chapter IV Benefit Administration
Chapter V
Benefited Leaves
Chapter VI General Information
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